Change Last Name of K2 Stepchild

[Jaggerdude]

Hello there!

When can I change the last name of my K1 fiance's daughter (with a K2 visa), to my own last name (as her stepfather by virtue of marriage to her mother)? Could it be after the marriage, just like my fiance? Or do I have to go through the adoption process? I read somewhere that the adoption is not necessary for a K2 child since the marriage takes the place of the adoption process. I was thinking that since my wife can change her name upon marriage, my stepdaughter should be able to do so too.

If so can I specify the name change in the I-485 application for my stepdaughter?

Thanks in advance!

[MrsAllen2b]

Who told you that marriage takes the place of adoption? It does not. You and your fiance become husband and wife, but the child's biological father would still have legal parental rights unless the father terminated his rights or a court terminated them for him or if he were deceased.

You can not legally change her name without a court's permission unless you have adopted her. I have seen cases where a child used the stepfather's name for many years but never legally changed it, simply used the legal name on paper, but when he joined the Air Force years later the US Government allowed him to use the stepfather's name because he had used that name for so long. This isn't a normal thing, and he has trouble because of it on documents quite often.

You really should stick with the adoption idea if that is the route you want to go, to become the child's legal father. Otherwise, file a motion to change her name in your local court once she has her GC.